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State and county; address of the project. General contractor name and address. Subcontractor/supplier name and address (if this person is filling out the sworn statement). Brief description of the contract. A table that lists:
In the mechanics lien process, a lien waiver is a document from a contractor, subcontractor, materials supplier, equipment lessor or other party to the construction project (the claimant) stating they have received payment and waive any future lien rights to the property (of the owner) for the amount paid.
What is a contractor's sworn statement? A sworn statement is a construction document that lists the contractors and suppliers that provide material or labor to a construction project. It includes information about who is owed money, how much they are owed, and the remaining balance on their contract.
Signing an unconditional lien waiver is enforceable even before you get paid. This means that if you sign an unconditional lien waiver before receiving the money and the property owner ends up not paying up, you have already waived your lien rights because you signed the unconditional lien waiver.
The law allows the government, contractors, and subcontractors to include a retainage provision in the contract that retains a specific amount from progress payments. However, the party must pay retainage within 30 days of final acceptance.
A contractor who has been paid for a project and refuses to pay a subcontractor shall as a penalty, pay 2 percent of the amount due per month every month that the payment is not made. In addition, the prevailing party shall be entitled to his attorney's fees and costs.
If the contractor defaults or otherwise doesn't take care of your wages, you can file a claim with the surety company to get at least part of your money. The surety company then takes the contractor to court to recover the amount.
1Why Subcontractors Don't Get Paid. What makes a general contractor neglect to pay the subs?2Create a Rock-Solid Contract. Before you sign a contract with the GC, try to think of everything that needs to be in it.3Check for Payment Bonds.4Place a Mechanic's Lien.5Suspend Work.6Report or Sue the General Contractor.
Yes you can sue the subcontractor directly. You don't need a contract with someone to sue them for negligence. You can probably also sue them as a third party beneficiary of their contract with the general contractor.